Annals of the American Academy of Political and Social Science, Volume 52A.L. Hummel, 1914 - Political science |
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Page 7
... statute authorized the appointment by the chancellor alone ( without confirmation by any other authority ) of a vice - chancellor , as assistant . By further statutes , the number of these was increased to seven . The court now consists ...
... statute authorized the appointment by the chancellor alone ( without confirmation by any other authority ) of a vice - chancellor , as assistant . By further statutes , the number of these was increased to seven . The court now consists ...
Page 16
... statute , and the other says that the statute was one which the leg- islature had no power to pass , they deal with the issue thus raised . It being conceded , as it must be , that the legislature of the day has no power save that which ...
... statute , and the other says that the statute was one which the leg- islature had no power to pass , they deal with the issue thus raised . It being conceded , as it must be , that the legislature of the day has no power save that which ...
Page 18
... article ? Today we find the law in the text of the constitution and the statute . We are aided in its interpretation by the history of the provisions in question , and by the decisions of 18 THE ANNALS OF THE AMERICAN ACADEMY.
... article ? Today we find the law in the text of the constitution and the statute . We are aided in its interpretation by the history of the provisions in question , and by the decisions of 18 THE ANNALS OF THE AMERICAN ACADEMY.
Page 21
... statute will it perhaps affect him . If the recall is adopted , there will be no settled rule which the majority of voters may not set aside in a given case at pleasure . Again if the majority can recall a decision and so by a major ...
... statute will it perhaps affect him . If the recall is adopted , there will be no settled rule which the majority of voters may not set aside in a given case at pleasure . Again if the majority can recall a decision and so by a major ...
Page 24
... statute drawn as most of our statutes are ? Such will not be the judgment of intelligent men . Senator Root has stated the question admirably in the follow- ing words : • We must choose between having prescribed rules of right conduct ...
... statute drawn as most of our statutes are ? Such will not be the judgment of intelligent men . Senator Root has stated the question admirably in the follow- ing words : • We must choose between having prescribed rules of right conduct ...
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Popular passages
Page 16 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Page 16 - If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply. Those, then, who controvert the principle that the Constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the Constitution, and see only the law.
Page 144 - To save a child from becoming a criminal, or from continuing in a career of crime, to end in maturer years in public punishment and disgrace, the legislature surely may provide for the salvation of such a child, if its parents or guardian be unable or unwilling to do so, by bringing it into one of the courts of the state without any process at all, for the purpose of subjecting it to the state's guardianship and protection.
Page 203 - Every objection to any indictment for any formal defect apparent on the face thereof shall be taken by demurrer or motion to quash such indictment before the jury shall be sworn, and not afterwards...
Page 114 - ... that in all cases of final judgments by said court, or on appeal by the said supreme court, where the same shall be affirmed in favor of the claimant, the sum due thereby shall be paid out of any general appropriation made by law for the payment and satisfaction of private claims, on presentation to the secretary of the treasury of a copy of said judgment,
Page 203 - Trial shall be had, if it shall consider such Variance not material to the Merits of the Case, and that the Defendant cannot be prejudiced thereby in his Defence on such Merits, to order such Indictment to be amended, according to the Proof...
Page 202 - ... body politic or corporate, therein stated or alleged to be injured or damaged or intended to be injured or damaged...
Page 203 - ... which it may become necessary to amend, on such terms, as to payment of costs to the other party, or postponing the trial to be had before the same or another jury...
Page 72 - The certificate has been transferred to a purchaser for value in good faith without notice of any facts making the transfer wrongful...
Page 24 - A sovereign people which declares that all men have certain inalienable rights, and imposes upon itself the great impersonal rules of conduct deemed necessary for the preservation of those rights, and at the same time declares that it will disregard those rules whenever, in any particular case, it is the wish of a majority of its voters to do so, establishes as complete a contradiction to the fundamental principles of our government as it is possible to conceive. It abandons absolutely the conception...